| PLEASE READ THIS AGREEMENT
CAREFULLY BEFORE USING THE SERVICES. BY USING ENAGPUR.COM, OR ANY
PRIVATE LABEL VERSION OF THE ENAGPUR.COM SERVICE, YOU AGREE TO
BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU
DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU
WILL NOT HAVE ANY RIGHT TO USE THE SERVICES. IF THESE TERMS AND
CONDITIONS ARE CONSIDERED AN OFFER BY ENAGPUR.COM, ENAGPUR.COM'S
ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE
TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL
OTHER TERMS. The services available at http://www.enagpur.com
("Services") are owned and operated by enagpur.com private limited.
("enagpur.com"), a Nagpur, Maharasthra, India company, and are provided to you
("You") under the following terms and conditions:
- SERVICES. You understand and agree that enagpur.com,
and its licensors, shall retain all rights, title and interest in
and to all information, content (including, but not limited to,
the identity of the Sellers) or advertisements (collectively, the
"Materials") distributed through, linked to, downloaded or
accessed from the www.enagpur.com Web site or any successor
thereto (the "Site"). You agree that, except as necessary to use
the Site for its intended purposes, you shall not reproduce, use
or distribute the Materials in whole or in part. You understand
that any such misuse of the Site, the Services or the Materials
shall constitute infringement of enagpur.com's copyright and other
intellectual property. The email address that You use to use the
Services is personal to You; You may not allow anyone else to use
Your email address and You may not use anyone else's email address
while using the Services.
The Site acts as the venue for You to submit requests to
Sellers listed in various categories who may respond to Your
requests ("Sellers"). You may enter into correspondence with,
participate in promotions by, and/or conduct transactions with
Sellers. Any such Seller content, correspondence, promotion, or
transaction, including the delivery of, the transaction processing
for, and the payment for all goods and services, and any other
terms, conditions, warranties or representations associated with
the foregoing, are solely between You and Seller. You should
contact Sellers directly for complete details about their
transaction, security, privacy and customer support policies.
Neither enagpur.com nor any of its partners that may offer private
label versions of the Services ("Syndication Partners") assume any
liability, obligation or responsibility in connection with any of
the foregoing. In the event that you have a dispute with any
Seller or third party, you release enagpur.com (and our agents,
employees and Syndication Partners) from claims, demands and
damages (actual and consequential) of every kind and nature, known
and unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with such dispute.
- RESTRICTIONS. You will only use the Services for lawful
purposes, in compliance with any policies enagpur.com may
establish from time to time in its discretion, and all applicable
laws including, without limitation, copyright, trademark,
obscenity, privacy and defamation laws. You will not use the
Services for the transmission of, or requests to purchase,
firearms. You agree not to send inaccurate information through the
Services, use the Services for malicious purposes, or attempt to
hide Your identity or represent Yourself as someone else. Unlawful
activities may include (without limitation) storing, distributing
or transmitting any unlawful material through use of the Services
or attempting to compromise the security of any networked account
or site. To comply with applicable laws and lawful government
requests, to operate its Services properly, or to protect itself
or its users, enagpur.com reserves the right to access and
disclose any text, information, graphics, photographs, video,
sound, files and other content provided to or by You, or accessed
by You through the Services. This may also include disclosing
users' names and other registration and identification
information. enagpur.com reserves the right in its sole
discretion, but shall not be obligated, to monitor and remove any
content provided by You through the Services. You agree to
indemnify and hold enagpur.com, its parents, subsidiaries,
affiliates, officers, employees and Syndication Partners, harmless
from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of Your use of the
Services, use of Your Account by any third party, the violation of
this Agreement by You, or the infringement by You, or any third
party using Your Account, of any intellectual property or other
right of any person or entity.
- EQUIPMENT; SECURITY. You will be responsible for
obtaining and maintaining any equipment or ancillary services
needed to connect to, access or otherwise use the Services,
including, without limitation, modems, hardware, software, and
long distance or local telephone service. You will be responsible
for ensuring that such equipment or ancillary services are
compatible with the Services. You will also be responsible for
maintaining the security of Your Account, passwords, files, and
for all uses of Your Account, with or without Your knowledge or
consent. Neither enagpur.com nor any of its Syndication Partners
is liable for any loss that You might suffer through another's use
of Your Account.
- CONTENT. Neither enagpur.com nor any of its Syndication
Partners has any obligation to screen, edit, monitor or otherwise
in any way censor any text, information, graphics, photographs,
video, sound, files or other content contained on the Site
("Content"). enagpur.com reserves the right to post on its Web
site the text in the "Comments" box and additional product or
service information inputted by you in the request form; however,
we will not post any information you input in the fields calling
for personally identifiable information. You hereby acknowledge
that neither enagpur.com nor any of its Syndication Partners has
and shall have any liability for how the Services are used, what
Content is posted or accessed, or what products or services are
made available through the Site. Neither enagpur.com nor any of
its Syndication Partners is under any obligation to record or
retain any Content, or any related information and does not
warrant that any such Content or related information will be
saved, even if such a request is made. enagpur.com may provide
links to other Web sites or resources. You acknowledge and agree
that neither enagpur.com nor any of its Syndication Partners is
responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable
for any content, advertising, products, or other materials on or
available from such sites or resources. You agree that neither enagpur.com
nor any of its Syndication Partners shall be
responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with the
use of or reliance on any such content, goods or services
available on such external sites or resources.
- UPGRADES AND SUPPORT. From time to time, enagpur.com may (and has the right to) send You information and offers about
upgrades, documentation and other services offered by enagpur.com.
Notwithstanding the foregoing, under no circumstances will enagpur.com
or any of its Syndication Partners have any obligation
to provide You with upgrades, enhancements, modifications, or
support for the Services or Site.
- TERMINATION. Either party may terminate this Agreement
at any time by notifying the other party via email. enagpur.com may also terminate or suspend any and all Services immediately,
without prior notice or liability, if You breach any of the terms
or conditions of this Agreement. Upon termination of Your Account,
Your right to use the Services and any Content will immediately
cease. All provisions of this Agreement which by their nature
should survive termination shall survive termination, including,
without limitation, ownership provisions, warranty disclaimers,
limitations of liability and Section 9.
- WARRANTY DISCLAIMER. You use the Services at Your own
risk. enagpur.com, its employees, users, affiliates, agents,
third-party content providers, Sellers, licensors, Syndication
Partners and the like do not warrant that the Services will be
uninterrupted or error free; nor do they make any warranty as to
the results that may be obtained from use of the Services, or as
to any Content, product, service, transaction or merchandise
provided, promoted or entered into through the Services. THE
SERVICES AND ANY CONTENT AND PRODUCTS ARE PROVIDED ON AN "AS IS,
AS AVAILABLE" BASIS. NEITHER enagpur.com NOR ANY OF ITS
SYNDICATION PARTNERS MAKES ANY WARRANTIES, EXPRESS OR IMPLIED,
WITH RESPECT TO THE SERVICES OR ANY CONTENT OR PRODUCTS, AND
HEREBY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT
LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING
CONTAINED IN THIS AGREEMENT OR OTHERWISE, NEITHER enagpur.com NOR
ANY OF ITS SYNDICATION PARTNERS WILL BE LIABLE WITH RESPECT TO ANY
SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE,
STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY
AMOUNT IN EXCESS OF THE AGGREGATE OF THE AMOUNTS PAID BY YOU FOR
THE SERVICES DURING THE TWELVE MONTH PERIOD PRIOR TO THE DATE THE
CAUSE OF ACTION AROSE, OR (II) FOR ANY INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT
LIMITATION, LOSS OF DATA, CONTENT OR FILES, PROFIT, GOODWILL, OR
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO
YOU.
- MISCELLANEOUS. enagpur.com reserves the right to change
its prices, policies, and Services, or to modify this Agreement,
by posting a notice on the Site or by providing You with an email
notice. You shall be responsible for reviewing and becoming
familiar with any changes. If enagpur.com does not receive written
notice of termination from You within fifteen (15) days after
changes are posted, it will be assumed that You accept the
changes. Neither enagpur.com nor any of its Syndication Partners
shall be liable for any failure to perform its obligations
hereunder where such failure results from any cause beyond enagpur.com's reasonable control, including, without limitation,
mechanical, electronic or communications failure or degradation.
The failure of either party to exercise in any respect any right
provided for herein shall not be deemed a waiver of any further
rights hereunder. If any provision of this Agreement is found to
be unenforceable or invalid, that provision shall be limited or
eliminated to the minimum extent necessary so that this Agreement
shall otherwise remain in full force and effect and enforceable.
This Agreement is not assignable, transferable or sublicensable by
You without enagpur.com's prior written consent. enagpur.com may
assign this Agreement in whole or in part. This Agreement shall be
governed by and construed in accordance with the laws of the state
of California without regard to conflicts of laws provisions
thereof. The sole jurisdiction and venue for actions related to
the subject matter hereof shall be the California State and U.S.
federal courts having within their jurisdiction the location of enagpur.com's principal place of business. In any action or
proceeding to enforce rights under this Agreement, the prevailing
party will be entitled to recover costs and attorneys' fees. Both
parties agree that this Agreement is the complete and exclusive
statement of the mutual understanding of the parties and
supersedes and cancels all previous written and oral agreements,
communications and other uderstandings relating to the subject
matter of this Agreement, except that any agreement between You
and a Syndication Partner will continue, and this Agreement will
control when they conflict with respect to your use of the
Services. All modifications to this Agreement must be in a writing
signed by both parties, except as otherwise provided herein. No
agency, partnership, joint venture, or employment is created as a
result of this Agreement and You do not have any authority of any
kind to bind enagpur.com in any respect whatsoever. All notices
under this Agreement shall be in writing and shall be deemed to
have been duly given when receipt is electronically confirmed, if
transmitted by facsimile or email or upon receipt, if sent by
certified or registered mail, return receipt requested.
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